(a) Definitions. — The definitions in 31 C.F.R. § 212.3 apply to terms used in this Rule.
Rule 2-645.1.Garnishment of account in financial institution
Circuit Court · Last amended May 1, 2011 · Last verified July 13, 2026
In one sentenceRule 2-645.1 layers federal protections for benefits like Social Security onto a garnishment of a bank or other financial-institution account.
Full Text of Rule 2-645.1
(b) Scope. — This Rule applies to the garnishment of an account that is subject to the requirements, prohibitions, and limitations of 31 C.F.R. § 212.
(c) Application of Rule 2-645. — Rule 2-645 applies to a garnishment subject to this Rule, except that this Rule prevails over Rule 2-645 to the extent of any inconsistency and the requirements, prohibitions, and limitations not contained in Rule 2-645 also apply.
(d) Content of writ. —
(1) Directions to financial institution. — Unless a Notice of Right to Garnish Federal Benefits that conforms with 31 C.F.R. § 212.4 and Appendix B to 31 C.F.R. Part 212 is attached, a writ of garnishment subject to this Rule shall direct the financial institution:
(A) not to hold property of the judgment debtor that constitutes a protected amount;
(B) not to hold property of the judgment debtor that may come into the garnishee’s possession following service of the writ if the account contains a protected amount; and
(C) to comply with other applicable requirements, prohibitions, and limitations contained in 31 C.F.R. Part 212.
(2) Notification to Judgment Debtor. — A writ of garnishment subject to this Rule shall notify the judgment debtor that:
(A) some Federal benefit payments may be automatically protected from garnishment and will not be held in response to the writ of garnishment; and
(B) any claim for exemption for a non-protected amount must be filed with the court no later than 30 days after service of the writ of garnishment on the garnishee.
(e) Answer of garnishee. —
(1) The answer of the garnishee shall state, if applicable, that a protected amount is in the judgment debtor’s account but need not specify the amount. Committee note. — Subsection (e)(1) does not affect the requirement that the garnishee hold, subject to further proceedings, a non-protected amount that is in the garnishee’s possession on the date of the account review and specify that amount in its answer.
(2) If the answer of the garnishee states that the property held by the garnishee consists only of a protected amount, the garnishee shall include with the answer a request for a judgment in favor of the garnishee terminating the garnishment.
Amendment History
Added April 21, 2011, effective May 1, 2011.
Committee Note & Source
Committee note. Federal regulations found in 31 C.F.R. Part 212 contain requirements, prohibitions, and limitations applicable to the garnishment of accounts of a judgment debtor in a financial institution which prevail over any inconsistent State law. Relevant terms are defined in 31 C.F.R. § 212.3 including “account,” “account review,” “financial institution,” and “protected amount.” This Rule is intended to comply with the Federal requirements.
Source. This Rule is new.
Plain-English Summary
Federal regulations shield certain benefit payments — Social Security among them — once they land in a bank account by direct deposit. Rule 2-645.1 folds that federal scheme into Maryland's garnishment procedure for any account covered by it, borrowing its definitions directly from the federal regulation. Rule 2-645 still governs the garnishment, but where the two conflict, this rule controls, and any federal requirement not already covered by Rule 2-645 applies on top of it.
Unless a federal Notice of Right to Garnish Federal Benefits already accompanies the writ, the writ served on a covered financial institution has to direct it not to hold any protected amount — whether already in the account or arriving later — and to otherwise follow the federal rules. The writ must also warn the debtor that some federal benefits are automatically shielded and won't be held, and that a claim covering any non-protected amount has to be filed within 30 days of service on the garnishee. When the garnishee answers, it only has to say whether a protected amount exists, not the exact figure, though it must still identify and hold any non-protected funds the account contained as of the account review. If everything the garnishee holds turns out to be protected, the garnishee asks the court, as part of its answer, for judgment ending the garnishment.
Frequently Asked Questions
Does this rule replace the general garnishment procedure in Rule 2-645?
No. Rule 2-645 still applies, but Rule 2-645.1 controls wherever the two conflict, and it layers additional federal requirements on top.
What kind of accounts does this rule cover?
Accounts subject to the federal regulation protecting certain benefit payments, such as Social Security or other federal benefits deposited directly into a bank account.
Does the financial institution have to disclose the exact protected amount?
No. It only has to state whether a protected amount is present, though it must still identify and hold any non-protected funds in the account.
What happens if everything in the account is protected?
The garnishee asks the court, as part of its answer, to enter judgment ending the garnishment.
How long does a debtor have to claim an exemption on the non-protected funds?
30 days after the writ is served on the garnishee.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: garnish bank account social securityprotected federal benefits from garnishment marylandsocial security exempt from garnishmentfinancial institution garnishment notice requirementsaccount review garnishment maryland